The Town of Barnstable mooring regulations have been established
in order to provide efficient utilization of harbor areas, to improve
the safety of moored vessels, and to provide adequate space for the
enjoyment of all the users of the harbors. This shall be done by controlling
the placement of moorings, establishing standards for mooring tackle,
and by establishing regular, systematic mooring inspections.

Every description of watercraft, used or capable of being
used as a means of transportation on the water, including seaplanes,
amphibious vehicles, and any other variable use craft when navigating
or moored on the water.

January 1 to December 31. New mooring applications and permits
will be available during the posted hours at the Harbormaster's
Office, from the time mooring permit renewals are mailed until November
1 of each year.

All moorings shall meet the minimum standards as set forth below
prior to placement. These standards are set for normal weather conditions.
In the event of gale winds or stronger and/or extreme tides, it is
the mooring owner's responsibility to ensure certain precautions
are taken. The Town of Barnstable realizes that mooring loads are
variable, that it is impossible to say that all boats of equal length
require the same size mooring, and such standards cannot be applied
to all boats. The Harbormaster's Office reserves the right to
require a boat owner to increase the minimum mooring standard for
any vessel should it feel the minimum standard would be inadequate
for the vessel because of unusual design, such as, but not limited
to, excessive weight, windage, or draft. Furthermore, the Town of
Barnstable shall not be held liable for any damage inflicted if a
minimum standard mooring fails.

Helix moorings shall be placed/installed at the discretion and direction
of the Harbormaster. No helix mooring is to be placed without written
approval of the Harbormaster. Installation of helix moorings must
be done by a mooring servicer.

The mooring servicer shall record the position of the helix mooring
by a global positioning system (GPS) fix and record all the mooring
specifications, including the length of shaft, depth of mean high
water, torque reading at set, all sizes and length of ground tackle.
All information shall be filed with the Harbormaster's Office
within 10 days of work.

Moorings found to be inadequate with regard to the Town specifications
as detailed above shall be corrected by the owner within seven days'
notice by those empowered to enforce these regulations. Written notice
to the Harbormaster's Office detailing the corrective action
taken by the owner and date corrective action was taken shall be required.

Mooring buoys shall be round and a minimum of 11 inches in diameter;
inflated, formed, molded or fabricated from rubber, plastic or fiberglass.
Each buoy shall be white with a blue horizontal stripe. Mooring buoys
shall carry the permanently assigned mooring permit number in no less
than three-inch block letters to be read from above the waterline
along with the permit holder's last name in at least two-inch
block letters. Additionally, mooring buoys shall be at least 50% above
the water surface at all times. Any additional pickup buoys shall
carry the permit holder's last name.

A Town of Barnstable mooring permit is required for all moorings
placed in the waters of the Town of Barnstable. Falsifying information
on a mooring permit application or failure to submit a fully completed
mooring permit application shall be cause for nonconsideration of
such application. All mooring permits are issued for the use of the
vessel indicated on the permit. The use of the mooring by any other
vessel without the written consent of the Harbormaster's Office
will be grounds for revocation of the mooring permit, and/or citations
may be issued to the vessel owner. All mooring permits shall be annually
renewed by February 28. There shall be a late renewal period subject
to an additional fee from March 1 to March 31. All renewals must be
received by the Harbormaster's Office no later than 4:15 p.m.
of the deadline day. It the deadline day falls on a day when the Harbormaster's
Office is closed, then the deadline will be the next business day.
If a permit is not renewed before the late period ends, the vessel
owner will be required to reapply as required for a new permit.

Vessel owners wishing to moor their vessel in the waters of the Town
of Barnstable must obtain an annual mooring permit and are solely
responsible for obtaining an individual mooring permit. Vessel owners
may elect to install and maintain their mooring, provided they fully
comply with these regulations. Vessel owners who elect not to install
and maintain their mooring must annually identify their mooring servicer
on their permit application.

For all new mooring applications and changes of vessels: Vessels
must be owned by the mooring permit holder. Further, all vessels must
be registered or documented with and in the same name of the mooring
permit holder as listed on the mooring permit. The spouse of a legally
married couple may appear on registration, documentation, title and/or
bill of sale. However, the mooring permit is issued solely to the
individual name on the mooring permit.

Individual mooring permits are issued on the basis of one boat, one mooring (primary mooring). For vessel owners requesting more than one mooring per boat (secondary mooring), consideration of mooring application will only be given if such moorings are not in an area for which a waiting list has been established pursuant to § 406-16.

For all new mooring applications, a completed mooring inspection
form. All mooring renewals shall submit by September 1 a completed
mooring inspection report for every full inspection required. It shall
be the ultimate responsibility of the mooring permit holder to ensure
said inspection report is submitted. Failure to submit a full inspection
report will terminate the mooring permit.

Permitted individual moorings are transferable within the immediate
family. The immediate family shall include brother, sister, son, daughter,
father, mother, or spouse. A transfer fee of $25, documentation to
support the relationship, and a notarized letter stating the intent
to transfer the mooring are required. No more than one transfer may
occur per year (365 days).

A second vessel of the same or lesser length, draft, and size may
be permitted as a secondary vessel at the discretion of the Harbormaster's
Office. Such vessel must be solely owned by the mooring permit holder.
This in no way would allow for an additional mooring, only the use
of the mooring by an alternate vessel permitted by the Harbormaster's
Office. Only one vessel may be attached to the mooring at one time,
and rafting shall be forbidden.

Rental moorings. Applicants for any type of rental mooring permit
for the current season must, in addition to the requirements of these
regulations, submit proof of a permit from the Army Corps of Engineers,
or proof that the rental mooring applicant has submitted all the correct
information as required by the Army Corps of Engineers to show they
are in substantial compliance with the federal application process.
Failure to comply with the above will result in denial of the application.

A one-year grace period shall be allowed for unused seasonal
rental moorings. If the rental mooring is not rented for the mooring
year, the owner must remove such mooring and the mooring permit shall
be revoked.

Seasonal rental moorings may not be sold, transferred, or assigned
to any person, corporation, partnership, organization or entity other
than the lessee of such mooring in the previous season. Should the
mooring owner transfer ownership of such mooring in the manner noted
above, the rental mooring permit shall be revoked, and the number
of seasonal rental mooring permits originally allowed shall be reduced
accordingly.

If the original user of a seasonal rental mooring relinquishes
use, the owner of the rental mooring must notify the Harbormaster's
Office by April 1. A vacated rental mooring shall be offered to all
individuals on the rental mooring waiting list, beginning at the top.

Transient rental mooring permits. Transient rental mooring owners
must obtain an annual transient rental mooring permit for each transient
rental mooring. In addition to the required blue horizontal stripe
on the mooring buoy, a four-inch orange horizontal stripe shall be
on the top of the buoy. Transient rental mooring permit holders shall
submit upon the request of the Harbormaster the days/dates of use
of each transient mooring by November 1.

A private mooring permit holder may loan his/her mooring for a "special
event," subject to the terms, conditions, and prior approval of the
Harbormaster's Office by permit to the organizer of the event,
and for periods of no longer than four days. The organizer of the
special event shall be solely responsible for ensuring the terms and
conditions of the special event permit, for getting approval of the
private mooring permit holder, and for any liability incurred associated
with the special event as it relates to this section/regulation.

Each vessel for which a mooring permit has been issued, and
each vessel occupying a permitted seasonal rental mooring, shall have
attached on the hull in a visible location an annual sticker issued
by the Harbormaster's Office. Stickers shall not be attached
to any vessel other than that which is permitted. It shall be the
responsibility of the mooring owner to ensure compliance with this
section.

Each permitted mooring shall have attached, above the waterline
and visible at all times, an annual mooring tag issued by the Harbormaster's
Office. Mooring tags shall be affixed by the mooring servicer or mooring
permit holder as applicable prior to June 30.

The Harbormaster's Office may limit the size and lengths of
vessels moored in the waters of the Town of Barnstable if in the Harbormaster's
opinion this is warranted due to congestion, to ease navigation, or
as a measure of public safety.

The mooring permit may be suspended or revoked by the Harbormaster
whenever in the Harbormaster's opinion the boat and/or mooring
unduly threatens the safety of the mooring area or the reasonable
use of that area by other boats.

A permit holder's mooring and mooring buoy must be placed and
maintained in the water in its permitted location on or before July
1 of each year and remain in the water until September 1 of each year.
Failure to comply with the placement requirements set above shall
be grounds for revocation or nonrenewal of the mooring permit.

Barges and/or other vessels permanently moored within the so-called
"Aquaculture Zone" of the Town of Barnstable and whose use shall be
specifically for the purpose of shellfish propagation within the Aquaculture
Zone of Barnstable Harbor may be granted permission to moor said vessel
after obtaining an annual mooring permit from the Harbormaster's
Office and after the review of the Town of Barnstable's Waterways
Committee.

The Town of Barnstable will allow no more than one barge/vessel for
every 10 shellfish grants, and the applicant must show proof the barge
is being shared on a cooperative basis with at least five additional
grant holders.

A change of ownership of a vessel moored within the Town of
Barnstable must be reported to the Harbormaster's Office. The
new owner must obtain an individual mooring permit from the Harbormaster's
Office and, as such, the mooring will be considered a new mooring
and all rules and regulations pertaining to new moorings shall be
applicable.

Written permission must be obtained from the Harbormaster's
Office before a permit holder changes vessels and desires to retain
his mooring permit. The Harbormaster's Office, using its discretion,
may or may not permit such change. Violation of this section may be
subject to revocation of mooring permit.

Each year the mooring buoy, pennant, chafing gear, and top chain
with connecting hardware on each mooring must be inspected visually
by the Harbormaster's Office or mooring servicer. For freshwater
mooring permits, the permit holder may complete this inspection himself
or herself.

Each mooring must be inspected every three years, out of the water,
by the Harbormaster's Office or mooring servicer starting with
the year in which it was first permitted or last inspected, whichever
is later. The expense of such inspection shall be at the mooring owner's
expense.

The bottom chain and associated tackle shall be replaced every third
year by a diver or by a complete haul out. In the event that a diver
is used to replace the tackle, he or she must certify the condition
of the top section of the helix at that time is in good and proper
condition.

All moorings. If as a result of such inspection the Harbormaster's
Office or mooring servicer determines that any link of chain, shackle,
swivel or other piece of mooring gear has become damaged or worn by
1/3 of its normal diameter, all such chains, shackles, swivels or
other pieces of mooring tackle shall be replaced accordingly. Failure
to replace worn or damaged gear shall be grounds for revocation of
mooring permit by the Harbormaster's Office.

The owner of any mooring may not transfer the use or ownership of
said mooring to another while in place. If the owner of a mooring
sells his/her mooring tackle to another, the location of said mooring
may not be assumed by the buyer. It shall remain at the discretion
of the Harbormaster's Office to assign the location of any mooring.
Should a mooring owner abandon the mooring, the mooring may be hauled
by the Town, and all costs of the removal shall be the responsibility
of the owner of record. Any abandoned or unclaimed mooring, removed
by the Town, may be auctioned off in accordance with Town ordinances.

All moorings not being used for the holding of a vessel shall
be required to have a winter stake correctly attached prior to January
1 Moorings 500 pounds or greater located in Tim's Cove, North
Bay or the Oyster Company shall be exempt. All winter stakes shall
be painted white with a blue horizontal stripe and the mooring owner's
name. The winter stake shall be upright at all times and not less
than 40° with relationship to the surface of the water at any
period of the tide, and no less than 18 inches exposed at all times.
Winter stakes shall not be set before September 15 of each year and
must be removed by June 1. Any winter stake not removed by June 1
shall be considered abandoned and may be removed by the Harbormaster
at the owner's expense.

No vessel may be anchored in the waters of the Town of Barnstable
more than eight days total, per year, without the consent of the Harbormaster's
Office. Anchoring shall be prohibited within all designated mooring
areas. Anchorage may be at the discretion of the Harbormaster's
Office.

In areas that have, in the opinion of the Harbormaster in consultation
with the Town Manager, reached maximum mooring capacity, the Department
may establish waiting lists. The following shall serve as guidelines
for the waiting list procedures:

For areas where no additional space is available, individual applicants
for mooring space shall be placed on a waiting list at the office
of the Harbormaster. Additionally, there shall be a separate seasonal
rental mooring waiting list covering all rental moorings. Once established,
the rental mooring waiting list shall be published once per year on
March 1. All those wishing to rent for the year must be on the rental
mooring waiting list on February 28.

The waiting list shall be renewable at the beginning of each calendar year. It shall be the responsibility of the applicant to notify the Harbormaster's Office, in writing, between January 1 and February 15 of each year of his/her desire to remain on the waiting list. The Harbormaster's Office must receive said notice on forms approved by the Harbormaster by 4:15 p.m. on the deadline date along with the fee of $10 outlined in Subsection I. If the deadline day falls on a day when the Harbormaster's Office is closed, then the deadline will be the next business day.

The person at the top of the waiting list shall have priority to
obtain the next available location but may waive the right to the
next available location if it is not in a place convenient to him/her
without losing his/her place at the top of the list. In the event
of a waiver, the next person on the list shall be offered the location;
and if that person waives the right to the location, the next successive
person shall be offered the location, etc., until someone in succession
on the list takes it and registers a mooring there. Notice to the
person entitled to the next available mooring shall be in writing
or by any other reasonable method established by the Harbormaster.

Owners of seasonal rental moorings shall make notice to the Harbormaster's
Office of any vacancies by April 1. Vacancies shall be filled by the
rental permit holder from the rental waiting list maintained by the
Harbormaster's Office as provided in these sections except that
rental moorings shall be subject to payment as required by owner.
If such mooring is not taken by June 15, the mooring shall be removed
by the owner, with the seasonal rental mooring permit being forfeited.
The Harbormaster has the right to review all aspects of rental waiting
list placements at all times.

The following waiting lists shall be in effect and considered closed
until the respective waiting list has been diminished and all applicants
have either been awarded a mooring or have been removed for failure
to perform: Cotuit Town Dock/Ropes, Cotuit Bay Shores, North Bay,
North Bay Channel, Prince Cove, West Bay, Tim's Cove, Centerville
River, East Bay and Fish Hills, Cotuit Ropes/Cordwood, and West Bay
Flats. From that time forth, the wait list shall be filled through
a lottery system, open to all, and placement upon the list shall be
in the order by which the name of the applicant is drawn. The Town
of Barnstable, at its discretion, shall determine the number of applicants
to be placed upon the list. All applicants upon their selection through
the lottery system shall be subject to all rules and regulations as
they pertain to this document.

A ten-dollar annual, nonrefundable administration fee will be charged
for each request to remain on a waiting list for a mooring. As approved
on November 12, 2013, a twenty-five dollar nonrefundable administration
fee will be charged for any initial (new) applications for a waiting
list for a mooring.

Establishment of a rental mooring waiting list: The Harbormaster's
Office shall conduct a lottery to include all those who are on a current
Town mooring waiting list as of April 1, 2013, that desire to be on
the rental waiting list. All above rules and fees shall apply. Once
the lottery has been conducted and the results posted, the rental
waiting list shall be considered open as all other open areas.

At the discretion of the Harbormaster's Office, a grace
period not to exceed one mooring year may be allowed to maintain a
mooring location for a permitted mooring, unless otherwise noted.
This does not excuse the mooring owner from the responsibility of
obtaining a mooring permit.

No one shall place, maintain, service, repair, or replace any mooring
without a valid mooring servicer's license issued by the Harbormaster's
Office. This license shall not apply to individual mooring permit
holders who maintain their own moorings and have annual inspections
by the Harbormaster's Office.

All mooring inspections must be fully completed by July 1 of each
year; however, the Harbormaster may grant an extension to September
1 for moorings 500 pounds or greater upon request. Inspection reports
shall be on forms approved by the Harbormaster's Office and submitted
by July 15 unless an extension has been granted.

Mooring inspection and service work shall not be subcontracted unless
written permission is granted by the Harbormaster's Office. Upon
permission, the mooring servicer of record shall be responsible for
all mooring inspection reports.

Failure of a licensed mooring servicer to abide by these regulations
or the direction of the Harbormaster's Office may result in the
revocation or nonrenewal of said license. However, no such revocation
shall take place without written notification of the violation to
the servicer.

Unless otherwise specified, these rules and regulations shall
be enforced by the Harbormaster's Office, Assistant Harbormasters,
Natural Resource Officers, and by police officers empowered to patrol
the waters of the Town of Barnstable.

These regulations establish the procedures in which moorings may be approved in the Town of Barnstable under § 40-14 of the Code of the Town of Barnstable. Therefore, whoever violates any provisions of these regulations or neglects to obey the lawful and reasonable orders of those empowered to enforce the same, or resists them in the discharge of their duties, shall be considered in violation of Chapter 40 of the Town Ordinances and fined pursuant to § 1-3 (Schedule of Fines) of the Code of the Town of Barnstable.

Any person aggrieved by a refusal to permit a mooring, or any
condition or restriction imposed relative thereto, may appeal without
prejudice, waiver or stay of any other appeals in writing to the Town
of Barnstable's Waterways Committee within 15 days after receiving
notice of such refusal or imposition. The Town of Barnstable's
Waterways Committee shall consider such appeal and render a written
determination as soon as practical. In the event the appeal of a refusal
to permit is granted, the petitioner must pay any and all mooring
fees that may be in arrears in addition to a granted appeal fee of
$25.

These regulations are promulgated under the authority of Massachusetts
General Laws Chapter 91 by the Harbormaster and approved by the Town
Manager. The Harbormaster, using his/her discretion and after consultation
with the Town Manager and the Waterways Committee, may deviate from
the regulations noted above if deemed to be in the best interest of
the Town of Barnstable.